Author: Ahmed Naish

Goverment will enforce death penalty, declares President Yameen

President Abdulla Yameen Abdul Gayoom has declared that the Progressive Party of Maldives-led (PPM) coalition government will implement the death penalty despite international pressure.

Speaking at a campaign event for PPM MP Ahmed Mahloof in Male’ last night, President Yameen said his administration’s decision to enforce the death penalty was a “historic day” in the Maldives’ democracy.

“Enforcing the death penalty is not something I will do because I want to. This is a very difficult thing. This is not an easy thing to do for any president or [public] servant. But our society cannot bear the loss of a life as well as the opportunity for further loss of life as a result of not respecting [the value of a human life],” he said.

“For that reason, no matter how much I don’t want to do it or how difficult it is, I have to do this on behalf of the people as they have placed that trust in me.”

President Yameen revealed that the government had formulated regulations implementing capital punishment on Thursday, based on the advice of the cabinet.

The government decided to enforce the regulations to ensure the safety and security of the community, he said, adding that the public wished to see action taken to stop the “slaughter of innocent citizens.”

Moreover, a majority of the Maldivian people were in favour of introducing the death penalty despite opposition from international partners, Yameen contended.

He stressed that a convict would only be put to death in accordance with Islamic Shariah following due process through the courts.

At the final stage, he explained, the Supreme Court would decide whether capital punishment was warranted as qisas (retaliation).

Under the new regulations specifying procedures for enforcing the death penalty, President Yameen said that both the victim’s and the convict’s family would be consulted after the Supreme Court decision to see whether the former demanded the death penalty and not blood money as retaliation.

Following an order issued by Home Minister Umar Naseer in January to the Maldives Correctional Services for implementation of the death penalty through lethal injection, Amnesty International called upon the government to halt any plans to end the current moratorium on the death penalty.

The international human rights organisation described the possible reintroduction of capital punishment as a “retrograde step and a serious setback for human rights in the country”.

Meanwhile, President Yameen – on a state visit to Sri Lanka at the time of Naseer’s announcement – subsequently promised “broad discussions” on the issue in his cabinet.

Death sentences have traditionally been commuted to life sentences by presidential decree since the execution of Hakim Didi in 1954 for the crime of practising black magic.

The Maldives currently has 20 prisoners sentenced to death by the Criminal Court.

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EC dismissals: Commonwealth, UK, EU, and India join international chorus of concern

The Commonwealth, UK, EU, and India have joined a growing international chorus expressing concern with the Supreme Court’s removal of the Elections Commission (EC) chair and deputy chair over charges of contempt of court.

“Such action by the court less than two weeks before the [parliamentary] election could be viewed as potentially affecting the electoral process adversely,” read a statement released yesterday by the Commonwealth secretariat.

The UK described the move as an “unprecedented expansion of judicial powers”, while India urged respect for the constitution. EU High Representative Catherine Ashton called the ruling a “serious setback in the democratic transition of the country.”

A statement from the President’s Office meanwhile called upon international partners to respect the Maldives’ constitution, echoing a statement released by the Chief Justice Ahmed Faiz on Tuesday (March 11).

The Supreme Court ruling on Sunday left the EC without the three members required for a legal quorum to hold meetings and finalise decisions ahead of the polls scheduled for March 22.

Commonwealth Secretary-General Kamalesh Sharma noted the parliament’s approval of a new member to the EC yesterday, which ensures that the quorum is restored.

“We hope that a credible and inclusive parliamentary election can be held in accordance with the constitution, and that Maldivians will be able to cast their votes with confidence and with the will of the people being respected,”  the secretary-general said.

The secretary-general stressed that separation of powers was “a fundamental political value” of the Commonwealth.

“For a democracy to function effectively, it is critical that institutions operate within their own constitutional mandate and do not encroach either on the ability of other independent institutions to execute their own remits or on the constitutional authority of other branches of government,” he stated.

“Actions that undermine the independence of an elections commission have a negative effect on democracy as a whole.”

The secretary-general noted that the Commonwealth Observer Group to the Maldives for last year’s presidential polls had recommended that “there should be better recognition of the mandate and statutory and constitutional independence of the Elections Commission.”

The Commonwealth statement also noted that the Supreme Court “assumed new powers enabling it to initiate cases”.

The Supreme Court summoned EC members on February 27 and began a surprise trial on charges of contempt of court under new ‘sumoto’ regulations that allow the apex court to initiate proceedings and act as both prosecution and judge.

Yesterday’s flurry of statements followed condemnation of the Supreme Court decision by the United States, Canada and the United Nations earlier this week.

In response, the President’s Office has contended that “negative external reaction to judicial decisions” undermined the constitution and hindered efforts for consolidation of democracy.

“Unprecedented expansion of judicial powers”

The UK’s Foreign and Commonwealth Office Minister Hugo Swire expressed “deep disappointment” with the Supreme Court’s dismissal and sentencing of the EC chair.

“The charges laid and the procedures adopted represent an unprecedented expansion of judicial powers,” the Foreign Office statement read.

The Supreme Court’s contentious ruling “appears to undermine the hard won independence of the Election Commission. This is extremely worrying so close to parliamentary elections,” the statement read.

Noting the appointment of a new member to the EC, the minister urged the government to ensure that the “the Election Commission’s independence is swiftly restored and to ensure that inclusive, free and fair Parliamentary elections are held within constitutional deadlines and in line with international standards.”

“This is essential for the consolidation of democracy in the Maldives and for the country to uphold its international reputation after the difficult events of the last two years.”

The EU’s statement commended the work of the EC, noted the key role of an independent elections body in a democracy, and drew attention to its team of monitors currently in the Maldives for this month’s poll.

The Indian Ministry of External Affairs meanwhile issued a press release welcoming the “commitment expressed by the government of Maldives to holding the parliamentary elections as scheduled”.

“India has consistently supported the strengthening of democratic processes and institutions in the Maldives. In this context, the Government of India has noted with concern the removal of the Chairperson and the Deputy Chairperson of the Elections Commission of Maldives from their positions and deferred prison sentence of the Chairperson,” the press release stated.

As “a close friend and neighbour of the Maldives”, the Indian government urged state institutions and political parties to respect the constitution and rule of law.

The statement also expressed hope that the EC’s independence will be ensured and that “the forthcoming parliamentary elections are held in a free, fair and credible manner, fulfilling the democratic aspirations of the people of Maldives.”

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EC dismissals: Government calls on international partners to respect Maldivian constitution

The government has called on international partners to respect the Maldivian constitution and democratic processes following condemnation of the Supreme Court’s controversial removal of the Elections Commission (EC) chair and deputy chair.

The appeal was made in a statement released by the President’s Office last night welcoming parliament’s approval of a new EC member, which “enables the EC to function with the legally required quorum and hold the general elections scheduled for 22 March 2014.”

“Negative external reaction to judicial decisions of the Maldives challenges the domestic institutions and national processes, thereby undermining the constitution of the Maldives and hindering the ongoing process of democracy consolidation,” the statement read.

It added that strengthening of state institutions was “an ongoing process,” and noted that “high-profile” cases remained stalled at court.

“The government is always ready to work with interested external actors through a process of dialogue and cooperation based on mutual respect in working towards consolidating democracy in the Maldives.”

Since the adoption of the 2008 constitution that established a presidential system with separation of powers, the Maldives has “experienced a vibrant democratic process that has enabled the nascent system to flourish,” the President’s Office said.

The statement comes as the UK, India, and the Commonwealth joined the US, Canada, and the UN in expressing concern with the Supreme Court’s dismissal of the elections commissioners.

The President’s Office statement also echoed calls by Foreign Minister Dunya Maumoon earlier this month urging international partners not to “undermine our judicial system.”

The President’s Office also suggested that its submission to parliament of candidates to fill the vacancies in the commission demonstrated “the government’s unshakable commitment to the independence of the EC”.

“The government of Maldives is fully committed to ensuring the constitutionally guaranteed independence, professionalism, and integrity of the Elections Commission,” the statement read.

The President’s Office argued that parliament’s decision to approve Ismail Habeeb Abdul Raheem to the EC was “consistent with the Supreme Court verdict” dismissing the EC chair and deputy chair.

“In compliance with the verdict, the government proposed to the Majlis for consideration and to vote on the names of candidates to fill the remaining two vacant positions at the Elections Commission,” it added.

Despite parliament’s approval of Ismail Habeeb Abdul Raheem yesterday to replace former EC member Ibrahim ‘Ogaru’ Waheed – who resigned in October citing poor health – the opposition-majority independent institutions committee has declared that EC Chair Fuwad Thowfeek and Deputy Chair Ahmed Fayaz remained EC members

The move followed a letter sent to President Abdulla Yameen, Chief Justice Ahmed Faiz, and Attorney General Mohamed Anil by Speaker of Parliament Abdulla Shahid contending that the dismissals were unconstitutional.

The letter – based on legal advice provided by parliament’s Counsel General Fathmath Filza – stated that the pair were removed in violation of procedures specified in both the constitution and the Elections Commission Act for the appointment and dismissal of EC members.

Article 177 of the constitution states that an EC member could be removed from office if a parliamentary committee established “misconduct, incapacity or incompetence” and  “upon the approval of such finding by the People’s Majlis by a majority of those present and voting.”

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Police seize 24kg of heroin in largest drug haul to date

The Maldives Police Service (MPS) has seized 24kg of heroin with a street value of MVR36 million (US$2.2 million) in the largest drug haul from a police operation in the country’s history.

At a press briefing today, Superintendent Mohamed Rasheed, head of the Drug Enforcement Department (DED), revealed that the drugs were seized in a special operation conducted from March 4 to 10.

“I note at this opportunity that the 24kg of drugs was the largest amount of drugs seized in a police operation conducted in the Maldives so far,” Rasheed said.

The drugs were allegedly transported in a vessel named ‘Hormooz’ registered in Iran, Rasheed said, noting that the boat had visited the Maldives in the past ostensibly to purchase fish.

The boat had been put under police surveillance based on intelligence information suggesting that it was being used to smuggle drugs, he said, adding that a crew member had previously been arrested with drugs in his possession.

Four Maldivians, three Bangladeshis and 11 Pakistanis were taken into custody on March 10, Rasheed revealed, declining to disclose their identities at the current stage of the investigation.

The 11 Pakistani nationals were the crew and captain of the Iranian boat, he added.

The four Maldivians and three Bangladeshis met the boat 30 nautical miles off the coast of Alif Alif Mathiveri in a dhoni (traditional boat) to collect the drugs, he explained.

The drugs were then concealed under fibre boards in a dinghy, Rasheed continued.

Two of the suspects were seized by police after arriving on the dinghy in Hulhumale while their dhoni waited in the harbour.

The Iranian vessel was meanwhile captured at sea with coastguard assistance between Alif Alif and Baa atolls, Rasheed said.

Asked by reporters whether a police sergeant and a Maldivian man – Abdulla Shaffath – arrested in connection with the Artur brothers’ case last year were among the 18 suspects, Rasheed said he could not disclose details at present as it could hamper the investigation.

Rasheed however confirmed that a police officer had been arrested in connection with the drug haul while two of the Maldivian suspects had prior records for drug-related offences.

The Criminal Court has extended the pre-trial detention period  of the 18 suspects by 10 days, he said.

While the street value of the drugs was estimated to be MVR36 million (US$2.2 million), Superintendent Rasheed noted that the drugs would likely be laced with “other powders” to increase its volume “two or threefold” before being sold.

The additional volume could potentially raise its street value to almost MVR100 million (US$6.5 million), he said.

Concluding the press briefing, Rasheed appealed to local fishermen to report sightings of foreign vessels unloading suspicious cargo at sea to the police or the coasstguard.

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Parliament approves Habeeb to Elections Commission with unanimous consent

Parliament has approved Ismail Habeeb Abdul Raheem with 60 votes in favour and none against to the Elections Commission (EC) to replace former commission member Ibrahim ‘Ogaru’ Waheed.

Following Waheed’s resignation in October last year citing poor health, President Abdulla Yameen nominated three individuals to fill the vacancy on the five-member commission, submitting their names to the People’s Majlis.

All MPs belonging to the opposition Maldivian Democratic Party (MDP) in attendance today voted in favour of approving Habeeb to the post.

After interviewing Yameen’s nominees last night, the opposition-majority independent institutions oversight committee awarded Habeeb the highest marks and recommended approving his appointment to the commission.

Presenting the committee report (Dhivehi) to the Majlis floor today, Deputy Chair MP Rozaina Adam noted that one of the three nominees – former Deputy Commissioner of Police Mohamed Rishwan – did not turn up for the interview.

Meanwhile, after interviewing the third nominee, Mohamed Tholal – chair of the ruling Progressive Party of Maldives’ (PPM) elections committee – the committee learned that his wife was contesting in the upcoming parliamentary elections, Rozaina said.

Tholal had conceded that he could face a conflict of interest in EC decisions concerning the Maradhoo constituency poll, she added.

In the ensuing debate on the committee report, PPM MP Abdul Azeez Jamal Abubakur said there were “no questions about Ismail Habeeb’s competence” as he had previously served as the EC’s executive director and director general.

Habeeb was sacked from the EC in January 2013 before contesting his dismissal at the Labour Tribunal. The tribunal ordered his reinstatement in August 2013, by which time he has been appointed to the Civil Court as its senior administrator.

Government-aligned Maldives Development Alliance MP Ahmed Amir meanwhile accused former EC members of “favouring a particular political party”.

Dhivehi Rayyithunge Party MP Mohamed ‘Colonel’ Nasheed asserted that EC President Fuwad Thowfeek and Vice President Ahmed Fayaz had become “sacrificial lambs”, and praised their “hard work and service to the nation.”

The EC members had worked “like slaves during the time of the Pharaoh” under difficult circumstances to ensure citizens’ right to vote, he said, adding that unfounded allegations against the pair were “shameful”.

The outcome of last year’s presidential poll would have been different if the allegations were true, Nasheed said.

Quorum

Habeeb’s confirmation to the EC today follows the Supreme Court’s controversial removal of Thowfeek and Fayaz on Sunday on contempt of court charges.

The dismissals left the EC without the three members required for a quorum to hold meetings and approve decisions, raising doubts over the commission’s ability to prepare for and conduct the parliamentary elections as scheduled on March 22.

The Supreme Court judgment also ordered the executive, parliament, and the EC to “make all necessary arrangements” for the polls within six days.

While the President’s Office invited interested candidates to submit applications in the wake of the apex court ruling, Speaker Abdulla Shahid sent a letter to President Yameen, Chief Justice Ahmed Faiz, and Attorney General Mohamed Anil contending that the dismissals were unconstitutional.

The letter – based on legal advice provided by parliament’s Counsel General Fathmath Filza – stated that the pair were removed in violation of procedures specified in both the constitution and the Elections Commission Act for the appointment and dismissal of EC members.

Based on the counsel general’s advice, the independent institutions committee decided that Thowfeek and Fayaz remained EC members and summoned all four commissioners to a closed-door session yesterday.

The oversight committee had also summoned members of the Judicial Service Commission to discuss the Supreme Court’s ‘sumoto’ regulations as well as possible actions against the apex court.

However, with the exception of Civil Service Commission Chair Dr Mohamed Latheef and Sheikh Shuaib Abdul Rahman, JSC members refused to attend the meeting, citing short notice.

The oversight committee decided to summon members of the judicial watchdog body again on Friday (March 14).

Meanwhile, MDP Chairperson ‘Reeko’ Moosa Manik told local media yesterday that the opposition party wished to see the Majlis elections take place as scheduled on March 22.

Moosa had adjourned an MDP national council meeting earlier this week without calling a vote on a proposal to boycott the polls, stating that the party’s 85 candidates should be consulted before approving such a decision.

The Hulhuhenveiru MP suggested that the polls could be held on March 22 if parliament approved a third member to the EC as most of the preparations had been completed.

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Supreme Court strips Fuwad, Fayaz of EC membership

The Supreme Court has stripped Elections Commission (EC) President Fuwad Thowfeek and Vice President Ahmed Fayaz Hassan of their membership in the commission and sentenced the former to six months in jail.

The jail sentence was however suspended for three years.

The Supreme Court judgment also ordered the executive, parliament and the EC to “make all necessary arrangements” within six days to conduct the parliamentary elections as scheduled on March 22.

According to article 175 of the constitution, at least three members are required to “constitute a quorum at a meeting of the Elections Commission, and any decision of the Elections Commission shall be taken by a majority of votes of the members present and voting.”

With the Supreme Court’s removal of the EC’s president and his deputy, the remaining members are Ali Mohamed Manik and Mohamed Farooq.

Thowfeek was sentenced under article 88 of the penal code, which states that it is an offence to “disobey a lawful order”.

The Supreme Court summoned EC members on February 27 and began a surprise trial on charges of contempt of court under new ‘sumoto’ regulations that allow the apex court to initiate proceedings and act as both prosecution and judge.

Of the five judges on the bench hearing the case, Chief Justice Ahmed Faiz Hussain and Justice Adam Mohamed Abdulla issued dissenting opinions.

The majority opinion was formed by Justice Abdulla Saeed, Justice Ali Hameed Mohamed, and Justice Ahmed Abdulla Didi.

Delivering the verdict, Justice Saeed contended that EC members had “openly and systematically” brought the Supreme Court into disrepute, “deliberately challenged Supreme Court rulings” and “serially held [the court] in contempt” during press conferences.

The EC’s announcement for dissolving political parties without a minimum membership of 3,000 was in violation of the Supreme Court judgment that struck down articles in the Political Parties Act, the verdict stated.

Moreover, Fuwad Thowfeek’s public statements against the Supreme Court’s “procedures and jurisdictions” contravened the Judicature Act and constituted an act in violation of article 141 of the constitution – which states, “No officials performing public functions, or any other persons, shall interfere with and influence the functions of the courts.”

The court determined that the president and vice president must bear responsibility for “disobeying and challenging” Supreme Court judgments and orders, which were issued in its capacity as “the guardian of the constitution.”

Fuwad and Fayaz’s actions also contravened article 145(c) – which states, “The Supreme Court shall be the final authority on the interpretation of the Constitution, the law, or any other matter dealt with by a court of law.”

The court ruled that the pair had “lost the right and legal status to remain members of the commission” and declared the seats vacant.

“Practical difficulties”

While testimony given to a parliamentary committee was used to implicate commission members of contempt of court at the second hearing, at the last hearing of the ‘sumoto’ trial on March 5 the Supreme Court imposed a travel ban on EC members pending a judgment.

Following the Supreme Court’s summoning of EC members last month, former President Mohamed Nasheed declared that the MDP will boycott the parliamentary elections if the court removes EC members.

The Supreme Court’s actions have also been been criticised by civil society and the European Union.

Speaking to Minivan News tonight, Thowfeek said he was unsure how the parliamentary polls could take place as scheduled in less than two weeks.

He noted that the president would have to invite applications from interested candidates for the three vacant EC posts and forward nominees to parliament, after which a parliamentary committee would evaluate the nominees ahead of a vote on the Majlis floor.

“It’s very difficult for me to say anything because the Supreme Court reason given for our punishment is because of when I spoke about the impracticality of the 16 point guidelines,” he said.

“When I talk about the practical difficulties, they say nobody is supposed to talk about the practical difficulties.”

Today’s Supreme Court judgment meanwhile stated that Thowfeek had admitted to attempting to hold the second round of last year’s presidential election despite a Supreme Court stay order halting the electoral process.

Following the first round in which former President Mohamed Nasheed emerged the frontrunner with 45.45 percent of the vote, third-placed candidate Gasim Ibrahim sought annulment of the results alleging widespread electoral fraud.

Pending a ruling on the business magnate’s appeal, the Supreme Court indefinitely suspended the second round scheduled for September 28 and issued a supplementary midnight ruling ordering the police and military to forcibly prevent the EC from conducting the polls.

The EC had said it intended to comply with the constitutionally-mandated deadline for the run-off, but was forced to capitulate after it was surrounded by special operations police with orders to storm the building, arrest officials and confiscate ballot papers.

On October 7, the Supreme Court annulled the results of the first round of the polls conducted on September 7 in a controversial 4-3 decision – citing a confidential police report – despite unanimous positive assessment of the polling by more than a thousand domestic and international election observers.

The eventual revote on October 19 was also obstructed by police, after Progressive Party of Maldives candidate Abdulla Yameen and Gasim refused to sign the voter registry – a requirement from a 16-point guideline imposed on the EC by the Supreme Court judgment.

* A previous version of this article stated that all four members were sentenced to jail. The Supreme Court verdict later shared with the media however stated that only Fuwad Thowfeek was sentenced.

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Coalition leaders urge independent candidates to withdraw

Leaders of the ruling Progressive Coalition have urged members of coalition parties running as independents in the upcoming parliamentary elections to withdraw their candidacies.

Speaking at a campaign event in Malé on Thursday night, former President Maumoon Abdul Gayoom expressed “regret” with coalition supporters contesting as independents.

The vote being split among pro-government candidates could see “candidates we don’t want” finishing top, the Progressive Party of Maldives (PPM) leader warned.

Gayoom called on independent candidates to drop out of the race and endorse the coalition’s official candidates.

He went on to thank independent candidates who have recently endorsed PPM contestants ahead of the polls scheduled for March 22.

Former PPM youth wing leader, Ibrahim Nazim – who was contesting as an independent in the mid-Henveiru constituency – endorsed PPM candidate Aishath Leeza last week.

The three parties in the Progressive Coalition – PPM, Jumhooree Party (JP) and Maldives Development Alliance (MDA) – reached an agreement to allocate constituencies among the coalition partners with the PPM contesting 50 seats, JP contesting 28 seats, and the MDA contesting seven seats.

First-past-the-post

Speaking at Thursday’s night campaign event for PPM Hithadhoo North candidate Al Ibrahim, Home Minister Umar Naseer – who was dismissed from the now-ruling party in April 2013 – said that members of coalition parties were contesting as independents in 64 constituencies.

Such candidates were claiming to represent their parties despite the coalition fielding a candidate from a different party, Naseer said.

He warned that candidates from the opposition Maldivian Democratic Party (MDP) could benefit in cases where the vote was divided among pro-government candidates.

In the first-past-the-post Majlis elections, candidates would not need to secure 50 percent of the vote to be elected.

Meanwhile, in a campaign rally in Alif Dhaalu Dhagethi last night, JP Leader Gasim Ibrahim reportedly accused independent candidate Ahmed Thoriq ‘Tom’ – a national team football player –  in the Alif Dhaal Mahibadhoo constituency of falsely claiming to represent the PPM.

The Mahibadhoo constituency was reserved for the PPM in the coalition seat allocation deal.

Gasim said he visited the island this weekend with two PPM council members – MPs Ahmed Nihan and Ahmed Mahloof – to explain to PPM supporters that Tom was not campaigning on behalf of the party.

The business magnate and former presidential candidate said he was confident that the PPM would not field candidates in constituencies ceded to the JP.

In the wake of January’s local council election, President Abdulla Yameen told the press that party members who contested as independents cost the ruling coalition a number of seats.

President Yameen claimed that 85 percent of independent candidates for local councils were PPM members.

PPM members decided to contest as independent candidates in constituencies reserved for the JP, Yameen explained, despite instructions from the party.

“Similarly, a JP member contested as an independent for the Addu atoll mid-constituency where our candidate got the ticket and contested,” he added.

Two sides of the scale

Returning to a central theme of last year’s presidential campaign in his speech Thursday night, former President Gayoom said voters were offered a choice between stability and defending Islam on the one hand and drugs and anti-Islamic behaviour on the other.

Referring to the MDP’s slogan of “vote for the scale of justice,” Gayoom said voters must choose which side of the scale to support.

On the PPM’s side was protecting Islam, the rights of citizens and the nation’s independence and sovereignty as well as progress, development, peace and consolidating democracy, he contended.

The main opposition party has meanwhile been campaigning on a platform of judicial reform, empowering local councils, and government accountability.

In his speech last night, Gasim expressed confidence that the JP would secure 25 seats from the 28 constituencies the party was contesting.

While JP MPs would back the PPM-led coalition government for the next five years, Gasim said the party could not accept unlawful actions from the government.

“If things are done against the law or by deceiving the public, we are going to have to the push the necessary button. That is the responsibility of Majlis members as stated in the constitution,” Gasim reportedly said.

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Police discover kingsnake, tarantula in drug bust

Police arrested a Maldivian couple on Thursday night with drugs, a snake and a Mexican red-kneed tarantula from Henveiru Lucky Shade house in Male’.

Police raided the residence with a search warrant at about 11:15pm and found the drugs and pets in the couple’s room.

The albino banded California kingsnake was kept illegally as a pet, police said.

The couple – a 28-year-old man and 27-year-old woman – were taken into custody with a film canister containing illicit narcotics and a counterfeit US$100 note.

Police also revealed that the male suspect had a criminal record for drug-related offences.

The California kingsnake is not the first exotic animal discovered in a recent drug bust. Last week, police found a 4-feet long snake during a drug operation on the island of Himmafushi in Kaafu atoll.

The snake was reportedly a royal python – a non-venomous African species often kept as pets.

In a drug bust in the capital Male’ last January, police discovered a caged slow loris. The importation and sale of the endangered primate species is illegal in the country.

In November last year, police arrested three men from a residence in Male’ with 15 bottles of Finlandia vodka, 24 cans of beer and three snakes.

A police media official told Minivan News at the time that two of the snakes were of a dangerous species and were listed as contraband.

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Attorney General unveils 207-bill legislative agenda

Attorney General (AG) Mohamed Anil unveiled a 207-bill legislative agenda last night for the current administration’s five-year presidential term.

Speaking at a ceremony held in Nasandhuraa Palace Hotel to launch the AG Offices’ strategic plan along with the legislative agenda, Anil said the the agenda was comprised of 98 new bills and 109 amendments to existing laws.

Anil observed, however, that bills should originate from parliament instead of the executive in “a perfect presidential system” and criticised the People’s Majlis for its lack of initiative.

“[Submitting bills] should be done by the Majlis as well. But we don’t see that spirit in the Maldives,” he said.

Of the 207 bills, Anil said the government hoped to submit 65 pieces of legislation to the legislature this year once the 18th parliament was sworn in after the elections on March 22.

“One of the highest priorities of the legislative agenda will be formulating bills for implementing the [policies] in the government’s manifesto,” he said.

The new legislation includes bills on establishing special economic zones, conducting public referendums, regulating the legal profession and health services, as well as new laws governing children’s rights, medical negligence, free expression, and implementation of the death penalty.

Anil said that the AG office was working with independent bodies to expedite and strengthen the functioning of new institutions created by the constitution.

The AG office has received assurances from the judiciary of its cooperation in drafting laws to strengthen the justice system, he added.

As a result of parliament’s failure to complete the legislative framework needed to enact the 2008 constitution, Anil said there were “many laws and provisions in our books that are contrary to the constitution.”

The new administration has commenced efforts to identify and abolish outdated and unconstitutional laws, Anil said, adding that the legislative agenda and strategic plan were formulated for that purpose.

Anil also criticised the administration of former President Mohamed Nasheed – which took office three months after the ratification of the new constitution – for failing to pass legislation needed to strengthen and reform the judiciary.

He suggested that the Maldivian Democratic Party government did not prioritise legal reforms due to the political situation at the time. As a result, he added, the shortcomings of the justice system worsened over the years.

The AG’s office will review the problems in the judiciary and enact reforms during the next five years, he said.

Budget constraints and legislative framework

The AG also expressed concern with the MVR17 million (US$1.1 million) annual budget allocated for his office, which he said posed difficulties for executing its responsibilities.

While the office needed 43 lawyers, he noted that there were only 18 presently working at the office.

The AG’s Office should have a budget of similar size to that of the Prosecutor General, Anil insisted – which was MVR26 million (US$1.7 million).

The team working at the AG office was “inexperienced and young” but hardworking and determined, he added.

In August last year, parliament revealed that 43 bills were required to give effect to the constitution, of which 24 were submitted and 18 were passed by the 17th People’s Majlis.

Legislation currently under review at the committee stage includes the education bill, the penal code, the criminal justice procedures bill, and the evidence bill.

Among the 19 bills that have yet to be submitted included legislation governing public referendums, freedom of expression, press freedom, parliamentary ombudsman, state secrets, defamation, women’s rights, public services, trade unions, legal counsel, civil justice procedures, and national security.

The executive was also required to submit amendments to existing laws governing the Human Rights Commission, the Civil Service Commission, the auditor general, children’s rights, and family matters.

Meanwhile, prior to the ratification of the new constitution on August 7, 2008, parliament passed a General Regulations Act as parent legislation for over 80 regulations without a statutory basis, or which did not derive their authority from an act of parliament.

The parent act prolonged the lifespan of these regulations – deemed necessary for administrative functions and service provision – for a one year period until new legislation, such as a Criminal Procedures Act, Evidence Act, Freedom of Information Act and Political Parties Act, could be enacted.

Since the first deadline for passing the new laws elapsed in 2009, parliament has been extending the general regulations law for one-year periods. The last extension was approved in April 2013.

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